MightyRecruiterAs a passionate business owner, you understand how vitally important it is to distinguish yourself from other businesses, especially those that provide similar products and services. One way to do this is with a business name and logo that sets you apart and makes customers remember your brand when making buying decisions. If you want to be sure that no one else uses your business name or logo, or creates marks that are similar to either, you can apply for a trademark. Applying to get a trademark is a fairly simple process, though you may have to wait while your application is processed. One way to speed up your portion of the work of trademarking a business is to know what documents you need to provide to a lawyer. You should always clarify with your attorney the exact items you need to gather, but this checklist is a good place to start.
1. A Specific Depiction of Your Intended Trademark: It’s important to include an image or representation of the logo word or phrase you want trademarked. There are specific requirements for the depiction, depending on whether you are submitting electronically or with a hard copy. If you want the trademark to include color, you have to use that color in the drawing you prepare. Depending on the nature of the element you are trademarking, you can submit a standard character or stylized drawing.
2. Examples of the Trademark in Use: One of the things to gather is actual specimens of how the trademark will be used in real life. This can include a large number of things and will depend on what you sell, what line of work you are in and how you market your business. Some examples of this can include the packaging of your product; or, if you offer a service, you may provide copies of advertising. The mark you would be applying for in that case is called a service mark.
3. A Partnership Agreement, If This Applies to You: If your business is a partnership, your lawyer may want to see the partnership agreement, which will include things like the length of the partnerships, the purpose of it, partner contributions and compensation, boundaries and guidelines for the partnership, and more.
4. Articles of Incorporation, If This Applies to You: If, instead of a partnership, your business is a corporation, part of preparing to submit a trademark application may include bringing your lawyer the articles of incorporation. This document contains information about your business, a general statement of purpose for the business and information about your company stocks.
5. Concurrent Registration Examples: Sometimes, two business names or trademarks are similar enough that confusion could happen. In this case, concurrent registration may be allowed. If this applies to your situation, remember to gather examples of the concurrent registration and documents showing that you and the holder of the trademark that is similar to yours are in agreement about the co-existence of the two similar trademarks.
6. Other Documents You May Need: As mentioned above, the exact documents require vary depending on a number of factors. You might also need notices of allowance or certificates of registration, copies of foreign registrations your mark is based on, and previous applications or other information from the U.S. Trademark Office.
Trademarking the words and symbols that distinguish your business is a smart thing to do as a business owner thinking about the future of your company. Make this process as easy as possible for yourself by having a clear understanding of how you can prepare to apply for a trademark. Consult with your lawyer about any other items you may need and other ways to get ready for completing a trademark application, so you can make sure the process goes as smoothly as possible.